PRINTER'S NO. 3012
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2535
Session of
2022
INTRODUCED BY HANBIDGE, DALEY, KINSEY, McNEILL, RABB, SAMUELSON,
DELLOSO, HILL-EVANS, SANCHEZ, HOHENSTEIN, HOWARD, O'MARA,
MADDEN, SIMS, CIRESI AND INNAMORATO, APRIL 22, 2022
REFERRED TO COMMITTEE ON HEALTH, APRIL 22, 2022
AN ACT
Providing for the testing and labeling of baby food and for
prohibited levels of toxic heavy metals in baby food; and
imposing duties on the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Baby Food
Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Baby food." Food that is pureed or minced to be easily
consumed by babies or toddlers under two years of age.
"Department." The Department of Health of the Commonwealth.
"Secretary." The Secretary of Health of the Commonwealth.
"Toxic heavy metal." An individual metal or metal compound
that negatively affects the health of individuals.
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Section 3. Testing of baby food.
The department shall test a representative sample of each
batch of baby food manufactured in this Commonwealth for the
presence of inorganic arsenic, lead, cadmium, mercury or other
toxic heavy metal.
Section 4. Limits on toxic heavy metals.
(a) State limits.--Baby food that exceeds the following
limits for toxic heavy metals shall not be sold or otherwise
distributed in this Commonwealth:
(1) For inorganic arsenic, 10 parts per billion.
(2) For lead, five parts per billion.
(3) For cadmium, five parts per billion.
(4) For mercury, two parts per billion.
(b) Federal limits.--
(1) If at any time the United States Food and Drug
Administration sets a limit on inorganic arsenic, lead,
cadmium, or mercury in baby food that is lower than the limit
specified in subsection (a), the department shall adopt the
lower Federal limit.
(2) If at any time the United States Food and Drug
Administration sets a limit on a toxic heavy metal, other
than inorganic arsenic, lead, cadmium or mercury, in baby
food, the department shall adopt the Federal limit.
Section 5. Labeling.
All baby food that has been tested by the department under
this act must be affixed with a label noting the levels of
inorganic arsenic, lead, cadmium and mercury found in the
representative sample from that batch and the presence of other
toxic heavy metals.
Section 6. Rules and regulations.
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The department shall promulgate any necessary rules or
regulations to carry out the provisions of this act.
Section 7. Sunset.
If Federal legislation is enacted on or after the effective
date of this act that regulates the testing or labeling of baby
food or the limits on toxic heavy metals in baby food, the
following apply:
(1) Within 90 days of the enactment of the Federal
legislation, the secretary shall determine whether the
provisions of this act are substantially similar to the
Federal legislation or any part of the Federal legislation.
(2) If the secretary determines that the provisions of
this act are substantially similar to the Federal legislation
or any part of the Federal legislation, within 10 days of
that determination, the secretary shall transmit notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin that the provisions of this act are
substantially similar to the Federal legislation or any part
of the Federal legislation.
(3) Upon publication of the notice described in
paragraph (2), the provisions of this act that have been
determined to be substantially similar to the Federal
legislation or any part of the Federal legislation shall
sunset.
Section 8. Effective date.
This act shall take effect in one year.
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